Sexual Assault Defence Lawyer, Toronto, Newmarket
LBE Has Been Winning Cases Since 1989!
Sexual Assault Lawyer, Toronto, Newmarket
The Criminal Code of Canada proceeds stringently and meticulously especially with cases involving a sexual offence. Sexual assault is one of the more common sexual offences and runs the gamut from rape to non-consensual touching of a sexual nature.
The Supreme Court of Canada holds that sexual assault is not dependent only on contact with a specific part of the human anatomy, rather it is any sexual act that negatively impacts a person’s sexual integrity.
Sexual offences may also include;
- Sexual interference
- Sexual exploitation of a minor or a disabled person
- Incest and bestiality
- Child pornography
- Criminal harassment
- Internet luring
- Indecent acts
If you or a loved one has been charged with a sexual offence in Newmarket, seek experienced legal intervention immediately. Don’t put your personal and professional future on the line. Seeing as many of these convictions come with a minimum jail sentence, it’s important to contact a qualified criminal defence lawyer without delay.
Winning Cases Since 1989
My name is Lawrence Ben-Eliezer and I am an affordable sexual assault defence lawyer in Newmarket and Toronto with a wealth of experience at all levels of court. My goal is to help you walk away with your reputation intact.
I use the knowledge I’ve gleaned through conducting countless trials in the Ontario Court of Justice and Superior Court of Justice and arguing numerous appeals to strengthen your defence and prepare you for the prosecutor’s questioning.
A sexual assault criminal defence lawyer is your ticket to moving the process along quickly and presenting a strong defence in court.
This includes all unwanted sexual activities like sexual grabbing, kissing, fondling and rape.
Penalties of a Conviction
On an indictment, the maximum prison sentence is 10 years. If the complainant is under the age of 16 years, the maximum prison sentence is 14 years.
On a summary conviction, maximum sentences run to 10 months behind bars and if the complainant is under the age of 16 years, the maximum sentence is 2 years behind bars.
Sexual Assault With a Weapon/Causing Bodily Harm
If the sexual assault involves;
– Threatening to use or using a weapon
– Threatening to cause bodily harm or causing bodily harm
– Being a party to the offence
a simple sexual assault case will be escalated to sexual assault with a weapon/causing bodily harm.
Penalties of a Conviction
If a firearm is used, the maximum prison sentence will extend to 14 years with minimum prison sentences extending to 4 years on an indictment.
Aggravated Sexual Assault
If the sexual assault case involves wounding, maiming, disfiguring or endangering the life of the complainant, it will be escalated to aggravated sexual assault.
Penalties of a Conviction
If the sexual assault case involves a firearm, life imprisonment is a strong possibility with a minimum sentence of 4 years on an indictment.
The Law of Consent
The Criminal Code of Canada details that sexual activity is only legal when there is affirmative consent, defined as the voluntary agreement, whether in words or conduct, given without duress and not while intoxicated to engage in the sexual activity in question. Passive responses or silence do not equate to consent.
It is the responsibility of the person initiating or pursuing sexual activity to seek consent. Just because a person has consented to sexual activity with someone in the past, this should not stand as automatic consent for ongoing or future sexual acts between these two parties.
The age of consent for sexual activity is generally 16 years of age. However, if said sexual activity involves prostitution, pornography or occurs in a relationship of authority where there is trust or dependency (with a coach, babysitter or teacher), the age of consent is 18 years.
The Criminal Code of Canada also has accommodations for close-in-age relationships. A person who is 14 years can give their legal consent to sexual activity with someone who is less than 5 years older than them as long as there is no trust, authority or dependency or other such exploitation within that relationship.
A person who is 12 or 13 years of age can legally consent to sexual activity with someone who is less than 2 years older, as long as there is no trust, authority or dependency or other such exploitation within that relationship.
If convicted, a discharge is the most favourable outcome. This can either be an absolute discharge or a conditional discharge.
With an Absolute Discharge, if the accused pleads or is found guilty, they are free to go and will have no conditions placed upon them.
With a Conditional Discharge, if the accused pleads or is found guilty, they will have to abide by certain probational conditions for a certain period of time (usually up to 3 years). If they breach any of these conditions, a new charge could be laid against them.
Trusted Sexual Offence Lawyer, Toronto, Newmarket
If you or a loved one are facing a sexual assault charge, it’s very very important, and I cannot stress this enough, to contact a competent criminal defence lawyer.
LBE Law is a trusted law firm in Newmarket, having worked with countless clients to secure a not-guilty verdict for their sexual assault cases. Here’s why timely legal intervention is crucial;
- I will work with you to spot inconsistencies and improbabilities in the accuser’s version of events
- If there is an ulterior motive for the allegation, I will employ my expertise to identify it
- Having worked on all manner of sexual assault cases before, I can help to identify whether or not the accuser is reliable or credible by gathering further evidence and using certain courtroom strategies to test their credibility
- I can prepare you for the prosecutor’s intense cross-examination that will come your way
- If any evidence against you was gathered in a manner not pursuant to the law, I can work to have that excluded from your trial
While all criminal cases are treated very seriously, the Crown is particularly relentless when it comes to sexual offences. You need a skilled and competent criminal defence lawyer who is able to create a winning defence strategy in court on your behalf.